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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=24335
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: July 24, 2017 09:31 AM
From: Representative Matt Gabler
To: All House members
Subject: General Road Law Repeal Legislation
 
In the near future, I will be introducing legislation to repeal the Private Road Law (Act 169 of 1836), an outdated statute whose application has been greatly limited and altered by court decision.

The original 1836 law, which remains on our books despite the fact that it is now mostly inoperative, outlines procedures that would enable a landowner to demand road access across a neighboring private property.

In 2010, the Pennsylvania Supreme Court issued a ruling limiting the scope of the Private Road Law, stating that the law is in fact a manifestation of the power of eminent domain. In its ruling, the Court determined that the only constitutionally permissible use of the Act is if the public is the “primary and paramount beneficiary” of the taking of the land.

With this in mind, this legislation will replace the General Road Law with narrowly-tailored language that clarifies the procedures to be taken when a parcel of land becomes landlocked as a result of an action taken by the Commonwealth. This will be accomplished by making reference to the procedures to be taken in Section 3 (relating to procedure to condemn) of Title 26 (Eminent Domain).

I believe this legislation will provide a clearer and more concise set of procedures in these unfortunate scenarios and will remove the uncertainty that is created by having broad but inoperative laws remaining on our books.

Please join me in co-sponsoring this important legislation.



Introduced as HB1773